Second appeal dismissed as abated after the sole appellant died, notice was returned endorsed 'Died', and legal heirs were not impleaded within limitation; no representation for the appellant.
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S.A.No.1094 of 2003
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2024
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
S.A.No.1094 of 2003
Gundumani Ammal ... Defendant/Appellant Appellant
Vs.
1.Nallathambi ... Plaintiff/Respondent Respondent
2.Kailasa Gounder ... 2nd Defendant/2nd Appellant Respondent
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree of the learned Additional District Judge cum Chief Judicial Magistrate, Pudukkottai, dated 22.07.1999 in A.S.No.23 of 1998 and the District Munsif cum Judicial Magistrate, Keeranur, dated 20.01.1997 in O.S.No.91 of 1995.
For Appellant : No appearance For R-1 : Mr.R.Suresh Kumar For R-2 : M/s.R.Jayalakshmi
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S.A.No.1094 of 2003
JUDGMENT
On perusal of records, it is seen that the sole appellant died. Notice sent to the appellant was returned with an endorsement 'Died' on 24.05.2024. Steps were not taken to implead the legal heirs of the sole appellant within the period of limitation. There is no representation on the side of the appellant. Hence, this Second Appeal stands dismissed as abated. There shall be no order as to costs.
06.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
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S.A.No.1094 of 2003
V.SIVAGNANAM, J.
BTR
Judgment made in S.A.No.1094 of 2003
Dated: 06.11.2024
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1 provisions across 1 enactments
Gundumani Ammal
Nallathambi
Kailasa Gounder
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
